Appeal No. 1999-0310 3
Application No. 08/225,267
continued protection improperly beyond the date of expiration of the first patent, the
appellants request consideration of the Declaration of Plach. It is the appellants’ position
that, “the mixtures containing the compounds in accordance with the invention have
substantially improved threshold voltages, that is, lower in all cases than the prior art
Example 1.” See Request, p. 5.
Having reviewed the data present, we conclude that the appellants have not met
their burden of showing unexpected results. In re Klosak, 455 F.2d 1077, 1080, 173
USPQ 14, 16 (CCPA 1972). It is not sufficient to assert that the results obtained are
unusual or unexpected. The burden of showing unexpected results rests on those who
assert them.
Upon consideration of the data before us, the Declaration is directed to four
examples containing liquid crystalline compositions, each composition containing a base
mixture of six compounds designated in the Plach Declaration on page 4. With respect to
each of the Examples I to IV, the declarant has measured the clearing points, )n and the
threshold voltages V(10, 0, 20) and V(90, 0, 20). It is the appellants’ position that the threshold
voltages of the invention are substantially improved over the prior art voltages. See
Examples II, III, and IV wherein the threshold voltages are lower in all cases than that of
prior art Example I. We find that the threshold voltages, V(10, 0, 20), in Examples I to IV are
1.56, 1.47, 1.50 and 1.49 respectively. We find that the threshold voltages are indeed
lower in Examples II, III and IV, the amount of lowering being between 0.06 and 0.09
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